Education and Inspections Act 2006

• (a) Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers to facilitate innovation), including amendments removing the restriction on the duration of the powers conferred by that Chapter; and

• (b) Part 2 contains a consequential amendment.

References to “local education authority” or “children's services authority”

Power to repeal references to “local education authority” and “children’s services authority” etc

162

• (1) Subject to subsection (5), the Secretary of State may by order—

• (a) make such provision as appears to him to be appropriate for the purpose of—

• (i) repealing any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in England or such an authority in Wales, or to both, and

• (ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;

• (b) make such provision as appears to him to be appropriate for the purpose of—

• (i) repealing any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in England or a children's services authority in Wales, or to both, and

• (ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;

• (c) make such provision as appears to him to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a) or (b), or of both those paragraphs.

• (2) An order under subsection (1) may make provision modifying any enactment whenever passed or made (including this Act), and may, in particular, make provision—

• (a) modifying references (however expressed) in any statutory provision to the functions of a local education authority, or the functions of a local authority (however defined) in its capacity as a local education authority, where the references wholly or partly relate to a local education authority in England or a local education authority in Wales;

• (b) modifying statutory provisions which consist of or include provision requiring or authorising consultation, co-operation, communication or other action between a local education authority in England and an English local authority or between a local education authority in Wales and a Welsh local authority;

• (c) modifying statutory provisions which consist of or include provision imposing a duty on a local education authority in England or on a local education authority in Wales where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, an English local authority or a Welsh local authority;

• (d) modifying statutory provisions which consist of or include provision imposing a duty on an English local authority or on a Welsh local authority where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, a local education authority in England or a local education authority in Wales;

• (e) repealing statutory provisions which are spent or have ceased to be of any practical utility.

• (3) The following powers to make provision by order under subsection (1) are exercisable by the Assembly as well as by the Secretary of State—

• (a) the power to make provision under paragraph (a) of that subsection in relation to any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in Wales,

• (b) the power to make provision under paragraph (b) of that subsection in relation to any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in Wales, and

• (c) the power to make provision under paragraph (c) of that subsection in consequence of or in connection with any provision made by virtue of the powers under paragraph (a) or (b) of that subsection mentioned in paragraph (a) or (b) above, or by virtue of both those powers.

• (4) The Secretary of State must not make an order under subsection (1), except with the consent of the Assembly, which contains provision made wholly or partly by virtue of any of the powers to make provision under that subsection mentioned in any of paragraphs (a) to (c) of subsection (3).

• (5) An order under subsection (1) may make provision which is within the legislative competence of the Scottish Parliament only in consequence of provision made under such an order which is outside that competence.

• (5A) The Welsh Ministers may by order—

• (a) make such provision as appears to them to be appropriate for the purpose of—

• (i) repealing any reference in a Measure of the National Assembly for Wales to a local authority (however expressed), and

• (ii) replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;

• (b) make such provision as appears to them to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a).

• (5B) An order under subsection (5A) may make provision modifying any enactment whenever passed or made, and may, in particular, make provision of the kind specified in paragraphs (a) to (e) of subsection (2).

• (6) In this section—

• “children's services authority in England” and “children's services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31);

• “English local authority” means—a county council in England,a metropolitan district council,a non-metropolitan district council for an area for which there is no county council,a London borough council,the Common Council of the City of London, orthe Council of the Isles of Scilly;

• “modify” includes amend or repeal;

• “statutory provision” means—any provision of this or any other Act, including any Act passed after this Act, andany provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;

• “Welsh local authority” means a county council or county borough council in Wales.

• (7) In interpreting paragraphs (a) to (e) of subsection (2) for the purposes of subsection (5B), “statutory provision” also includes any provision of a Measure of the National Assembly for Wales, including any Measure passed after the Education (Wales) Measure 2009.

Provision of advice by adjudicator

Provision of advice by adjudicator

163

In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify. (3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify— (a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school; (b) the proprietor of any other relevant school. (3C) A person so requested by the adjudicator to provide information must comply with the request. (3D) In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.

Information about children receiving publicly-funded education

Information about children receiving funded education outside school

164

After section 537A of EA 1996 (provision of information about individual pupils) insert—

(537B) (1) Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), “the relevant person” means one or more of the following— (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— (a) to him, or (b) to any prescribed person. (4) The Secretary of State may provide any individual child information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual child information— (i) to the Secretary of State, (ii) to any other information collator, or (iii) to the person who provides the funded education for the child or children to whom the information relates, and (b) may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to— (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section— - “child” means a person under the age of 19; - “funded education” means education provided under arrangements made by a local education authority in pursuance of the duties imposed by section 19(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school; - “individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise; - “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

Further education

Power of members of staff of further education institutions to use force

165

After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—

(85C) (1) A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely— (a) committing any offence, (b) causing personal injury to, or damage to the property of, any person (including the student himself), or (c) prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise. (2) The power conferred by subsection (1) may be exercised only where— (a) the member of the staff and the student are on the premises of the institution, or (b) they are elsewhere and the member of the staff has lawful control or charge of the student. (3) Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996. (4) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section. (5) In this section, “member of the staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee.

Collaboration arrangements: maintained schools and further education bodies

166

• (1) Regulations may enable—

• (a) the governing body of a maintained school, whether alone or together with other such governing bodies, to make collaboration arrangements with one or more further education bodies;

• (b) a further education body, whether alone or together with other further education bodies, to make collaboration arrangements with the governing body of a maintained school or the governing bodies of two or more such schools;

• (c) a further education body to make collaboration arrangements with one or more further education bodies.

• (2) “Collaboration arrangements” are arrangements for any of the functions of any of the bodies who make the arrangements (“the collaborating bodies”) to be discharged jointly or by a joint committee of those bodies.

• (3) Regulations may make provision as to—

• (a) the establishment by the collaborating bodies of a joint committee of those bodies for the purposes of discharging any functions in pursuance of collaboration arrangements made by them (“a joint committee”);

• (b) the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;

• (c) the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and his removal from office;

• (d) the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;

• (e) rights of persons to attend meetings of a joint committee;

• (f) restrictions on persons taking part in proceedings of a joint committee;

• (g) other matters relating to the constitution or procedure of a joint committee.

• (4) Regulations may make provision as to—

• (a) the functions of collaborating bodies which may or may not be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;

• (b) the manner in which such functions are to be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;

• (c) any other matters which are relevant to the discharge of functions by the collaborating bodies jointly, or as the case may be, by a joint committee in pursuance of such arrangements.

• (5) Regulations may provide that any enactment relating to—

• (a) the functions of the collaborating bodies which are to be discharged in pursuance of collaboration arrangements, or

• (b) the governing bodies, or as the case may be the further education bodies, by whom those functions are to be discharged,

is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.

• (6) In this section—

• “further education body” means—a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992 (c. 13)) in England, a sixth form college corporation (as defined in section 90 of that Act), orthe governing body of a designated institution (as defined by section 28(4) of that Act) in England which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);

• “maintained school” means a school in England which is a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “regulations” means regulations made by the Secretary of State (in relation to England) ....

Early years provision

Consultation with young pupils

167

In section 176 of EA 2002 (consultation with pupils), in subsection (3)—

• (a) in the definition of “maintained school”, for “or a community or foundation special school” substitute “ , a community or foundation special school or a maintained nursery school ”, and

• (b) omit the definition of “pupil” (which excludes children who are being provided with nursery education).

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

168

• (1) In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions by local authority or governing body), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.

• (2) In section 497 of EA 1996 (Secretary of State's general default powers), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.

Independent schools

Prohibition on participation in management of independent school

169

After section 167 of EA 2002 insert—

(167A) (1) The appropriate authority may direct that a person— (a) may not take part in the management of an independent school; (b) may take part in the management of an independent school only in circumstances specified in the direction; (c) may take part in the management of an independent school only if conditions specified in the direction are satisfied. (2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school. (3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions). (4) The appropriate authority may vary or revoke a direction under this section in prescribed cases. (5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4). (6) In this section and sections 167B to 167D, “appropriate authority” means— (a) in relation to England, the registration authority or such other public authority as may be prescribed; (b) in relation to Wales, the registration authority or such other public authority as may be prescribed. (167B) (1) A person in respect of whom a direction has been given under section 167A may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999— (a) against the decision to give the direction; (b) against a decision not to vary or revoke the direction. (2) Regulations may— (a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence; (b) prescribe circumstances in which the Tribunal shall allow an appeal under this section; (c) prescribe the powers available to the Tribunal on allowing an appeal under this section. (167C) (1) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State in connection with his functions— (a) under the Protection of Children Act 1999, except section 9 (the Tribunal); (b) under Part 7 of the Care Standards Act 2000; (c) under sections 142 to 144 of this Act; (d) as registration authority under this Part. (2) The National Assembly for Wales may provide to the appropriate authority any information relating to a person which is held by the Assembly in connection with its functions as registration authority under this Part. (3) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise by the appropriate authority of its functions under sections 167A to 167C. (4) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State or the National Assembly for Wales any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A. (167D) (1) Where the appropriate authority in relation to England gives a direction under section 167A(1), or varies or revokes any such direction, it must notify— (a) the registration authority in relation to England (unless the appropriate authority is the registration authority), and (b) the registration authority in relation to Wales and (if different) the appropriate authority in relation to Wales. (2) Where the appropriate authority in relation to Wales gives a direction under section 167A(1), or varies or revokes any such direction, it must notify— (a) the registration authority in relation to Wales (unless the appropriate authority is the registration authority), and (b) the registration authority in relation to England and (if different) the appropriate authority in relation to England.

Prohibition on participation in management: supplementary

170

• (1) In section 169 of EA 2002 (unsuitable persons), for the words from “any work” onwards substitute “ work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom ”.

• (2) In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—

(e) whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

• (3) In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert—

(ba) on an appeal under section 167B of the Education Act 2002;

.

Prohibition on participation in management: transitional provision

171

• (1) A person falls within this subsection if—

• (a) immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and

• (b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him.

• (2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act.

• (3) Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

• (4) Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act.

• (5) In this section—

• “appropriate authority” has the same meaning as in section 167A of EA 2002;

• “prescribed” means prescribed by regulations under this section;

• “regulations” means regulations made by the Welsh Ministers;

• “the relevant day” means the day on which section 167A of EA 2002 comes into force.

Offences relating to independent schools

172

• (1) Part 10 of EA 2002 (independent schools) is amended as follows.

• (2) After section 168 insert—

(168A) No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority. (168B) (1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) any director, manager, secretary or other similar officer of the body corporate, or (b) any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate. (168C) (1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation. (2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body. (3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate. (4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly. (5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

• (3) In section 159 (unregistered schools), omit subsection (3).

• (4) Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.

Special educational needs

Special educational needs co-ordinators

173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limits relating to statements of special educational needs

174

• (1) Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.

• (2) In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after “or 329A” insert “ , or under regulations under sub-paragraph (1)(b), ”.

• (3) In Schedule 27 (making and maintenance of statements under section 324)—

• (a) in paragraph 5, for sub-paragraph (3) substitute—

(3) Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.

, and

• (b) in paragraph 11, after sub-paragraph (2A) insert—

(2B) Where the local education authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.

• (4) Any regulations which were made under Schedule 26 or 27 to EA 1996 and are in force immediately before the commencement of this section are to have effect as from that time as if made under that Schedule as amended by subsection (2) or (3) (as the case may be).

Other miscellaneous provisions

Miscellaneous amendments relating to Wales

175

Schedule 17 contains further amendments relating to Wales.

Support schemes relating to education and training for persons aged 10 to 15

176

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

University bodies: amendment of section 29 of Leasehold Reform Act 1967

177

• (1) Section 29 of the Leasehold Reform Act 1967 (c. 88) (which enables university bodies in certain circumstances to reserve rights for future development in relation to land sold or let by them) is amended as follows.

• (2) In subsection (6), omit the words from “but a university body” to the end.

• (3) In subsection (6B), for the words from “includes” to the end substitute—

(a) includes development by a related university body (within the meaning of section 28(6)(b) above); and (b) must be development for the purposes (other than investment purposes) of the university body or any such related university body.

• (4) Where immediately before the date on which this section comes into force—

• (a) a university body have applied for consent under subsection (6) of section 29 of the Leasehold Reform Act 1967, and

• (b) the application has yet to be determined,

consent under that subsection shall continue to be required; and for that purpose the amendments made by subsections (2) and (3) above shall be disregarded.

Part 10 — General

Framework power relating to Wales

178

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on framework power conferred by section 178

179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions to be exercisable by National Assembly for Wales

180

• (1) Any function conferred on the Secretary of State by virtue of the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

• (2) Those provisions are—

• section 4 (duty to identify children not receiving education);

• sections 40 to 54 (school admissions);

• section 55 (right of sixth-form pupils to opt out of religious worship);

• section 56 (charges for music tuition);

• section 86 (provision of food and drink on school premises etc);

• section 164 (provision of information about children receiving funded education outside school);

• section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996);

• section 173 (special educational needs co-ordinators);

• section 174 (time limits relating to statements of special educational needs);

• Schedule 5 (funding of maintained schools).

Orders and regulations: general provisions

181

• (1) Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument.

Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

• (2) Any power of the Secretary of State or the Assembly the Welsh Ministers to make an order or regulations under this Act includes power—

• (a) to make different provision for different cases or areas,

• (b) to make provision generally or in relation to specific cases, and

• (c) to make such incidental, supplementary, transitional or saving provision as the Secretary of State or the Assembly thinks the Welsh Ministers think fit.

Parliamentary control of orders and regulations

182

• (1) Subject to subsection (2), any statutory instrument containing regulations or an order made under this Act by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Subsection (1) does not apply to—

• (a) an order under section 15(7)(b) (designation of primary school as rural primary school for purposes of sections 15 and 16),

• (aa) regulations to which subsection (2A) applies,

• (b) an order under section 188(3) (commencement), or

• (c) an instrument to which subsection (3) applies.

• (2A) This subsection applies to regulations made under section 125(1A) (power to prescribe institutions exempt from inspection), apart from the first regulations to be made under that subsection.

• (3) A statutory instrument which contains (alone or with other provisions)—

• (a) an order under section 80 (power to repeal the school travel scheme provisions),

• (aza) the first regulations to be made under section 60B(3) (regulations defining “coasting” in relation to a school),

• (aa) regulations to which subsection (2A) applies,

• (b) an order under section 162 (power to repeal references to “local education authority” and “children's services authority” etc) which amends or repeals any provision of a public general Act, or

• (c) regulations under section 183 which amend or repeal any provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Power to make consequential and transitional provision etc

183

• (1) The Secretary of State may by regulations make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect, to any provision of this Act.

• (2) Regulations under this section may in particular—

• (a) provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;

• (b) amend or repeal any provision of—

• (i) an Act passed before or in the same Session as this Act, or

• (ii) subordinate legislation made before the passing of this Act.

• (3) Nothing in this section limits the power by virtue of section 181(2) to include transitional or saving provision in an order under section 188(3) (commencement).

• (4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.

Repeals

184

The enactments specified in Schedule 18 (which include spent enactments) are repealed to the extent specified.

Financial provisions

185

• (1) There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by virtue of this Act by the Office for Standards in Education, Children's Services and Skills or by a Minister of the Crown, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

• (2) There are to be paid into the Consolidated Fund—

• (a) sums received by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of this or any other Act, and

• (b) sums received by a Minister of the Crown by virtue of this Act.

Abbreviations of Acts

186

In this Act—

• “EA 1996” means the Education Act 1996 (c. 56);

• “EA 2002” means the Education Act 2002 (c. 32);

• “EA 2005” means the Education Act 2005 (c. 18);

• “SSFA 1998” means the School Standards and Framework Act 1998 (c. 31).

General interpretation

187

• (1) In this Act—

• “the Assembly” means the National Assembly for Wales;

• “community or foundation special school” means a community special school or a foundation special school;

• “enactment” includes an enactment comprised in subordinate legislation;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

• (2) Subject to subsection (4), EA 1996 and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in EA 1996.

• (3) The provisions of this Act referred to in subsection (2) are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Part 2 (establishment, alteration or discontinuance of schools in England);

• (c) section 39 (general restriction on selection by ability);

• (d) Part 4 (schools causing concern: England);

• (e) Part 7 (discipline, behaviour and exclusion);

• (f) section 166 (collaboration arrangements: maintained schools and further education bodies).

• (4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of EA 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

• (5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of SSFA 1998.

Commencement

188

• (1) The following provisions come into force on the day on which this Act is passed—

• sections 86 and 87 (provision of food and drink on school premises etc.);

• section 109 (failure to secure school attendance), except subsection (8);

• section 111 (interpretation of Chapter 2 of Part 7);

• any provision of Part 8 (inspections) so far as it confers power to make subordinate legislation;

• section 161 (powers to facilitate innovation);

• section 180 (functions to be exercisable by Assembly);

• sections 181 and 182 (subordinate legislation);

• section 183 (power to make consequential and transitional provision etc.);

• sections 185 to 187, this section and sections 189 to 191;

• Schedule 16;

• Part 1 of Schedule 18, and section 184 so far as relating to that Part.

• (2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

• section 6 (functions of local authorities in England in respect of youth work, recreation etc.);

• section 52 (power of Assembly to make regulations about looked after children);

• section 58 (code of practice as to relationships between local authorities and maintained schools in England, etc.);

• section 162 (power to repeal references to “local education authority” and “children's services authority”, etc.);

• section 168 (maintained nursery schools: amendment of sections 496 and 497 of EA 1996);

• section 172 (offences relating to independent schools);

• section 174 (time limits relating to statements of special educational needs);

• section 177 (university bodies: amendment of section 29 of Leasehold Reform Act 1967);

• sections 178 and 179 (framework power relating to Wales);

• Schedule 1;

• Part 2 of Schedule 18, and section 184 so far as relating to that Part.

• (3) The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined by section 189) by order.

The appropriate authority by whom commencement order is made

189

• (1) This section has effect for determining who is the appropriate authority for the purposes of section 188(3).

• (2) In relation to the provisions specified in subsection (3), the appropriate authority is—

• (a) in relation to England, the Secretary of State, and

• (b) in relation to Wales, the Assembly.

• (3) Those provisions are—

• section 1 (duties in relation to high standards and fulfilment of potential);

• section 4 (duty to identify children not receiving education);

• in section 37 (staff at foundation or voluntary schools with religious character), subsections (1) and (2)(a);

• section 38 (general duties of governing body of maintained school);

• section 39 (general restriction on selection by ability);

• section 40 (code for school admissions);

• section 43 (duty of governing body to implement decisions relating to admissions);

• section 44 (prohibition on interviews);

• section 45 (admission arrangements for schools with religious character: consultation and objections);

• section 47 (objections to admission arrangements);

• section 53 (schools with pre-1998 arrangements for selection by ability or aptitude);

• section 55 (right of sixth-form pupils to be excused from attendance at religious worship);

• section 56 (charges for music tuition);

• section 57 (school funding);

• Chapter 1 of Part 7 (school discipline);

• sections 97, 98 and 99 (parenting contracts and parenting orders);

• section 102 (reintegration interviews);

• section 108 (removal of excluded pupils to designated premises);

• section 164 (provision of information about children receiving funded education outside school);

• section 165 (power of members of staff of further education institutions to use force);

• section 166 (collaboration arrangements: maintained schools and further education bodies);

• section 167 (consultation with young pupils);

• sections 169 to 171 (prohibition on participation in management of independent schools);

• section 173 (special educational needs co-ordinators);

• Schedule 5.

• (4) In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.

• (5) Those provisions are—

• section 156 (removal of duty to inspect performance of certain Assembly functions);

• section 175 (miscellaneous amendments relating to Wales);

• Schedule 17;

• the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004 (c. 31), and section 184 so far as relating to that repeal.

• (6) In relation to a repeal contained in Part 6 of Schedule 18, and section 184 so far as relating to such a repeal, the appropriate authority is the appropriate authority for the purposes of section 188(3) in relation to the provision on which the repeal is consequential.

• (7) In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.

Extent

190

• (1) Subject to subsections (2) and (3), this Act extends to England and Wales only.

• (2) The following provisions extend also to Scotland and Northern Ireland—

• section 162;

• sections 181 and 182;

• sections 185 to 189, this section and section 191.

• (3) Any amendment or repeal made by this Act, other than any amendment made by paragraph 2 of Schedule 10, has the same extent as the enactment amended or repealed.

Short title

191

• (1) This Act may be cited as the Education and Inspections Act 2006.

• (2) This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.

SCHEDULE 1

Disability Discrimination Act 1995 (c. 50)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)

2

EA 1996 is amended as follows.

3

In section 312 (meaning of “special educational needs”), in subsection (2), after “or 15B” insert “ or section 507B ”.

4

In section 508 (functions in respect of facilities for recreation etc.)—

• (a) in subsections (1) and (1A), after “local education authority” insert “ in Wales ”, and

• (b) in the heading, for “Functions” substitute “ local authorities in Wales: functions ”.

5

In section 510 (provision of clothing), in subsection (4)(c), for “made available for them by the authority under section 508(2)” substitute “ secured by the authority under section 507A or 507B (if the authority are in England) or made available by the authority for such persons under section 508(2) (if the authority are in Wales) ”.

6

In section 547 (nuisance or disturbance on school premises), in subsection (2A)(a), for “section 508” substitute “ section 507A or 507B (if the authority are in England) or section 508 (if the authority are in Wales) ”.

SCHEDULE 2

Part 1 — Introductory

Application of Schedule

1

• (1) This Schedule applies to proposals published under section 7, 10, 11 or 15.

• (2) Accordingly, in this Schedule, unless a contrary intention appears, “proposals” means proposals published under any of those sections.

“The relevant authority”

2

In this Schedule “the relevant authority” means—

• (a) in the case of proposals under section 7, the local education authority who published the notice under that section, and

• (b) in the case of proposals under section 10, 11 or 15, the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.

“Proposers”

3

In this Schedule “proposers”, in relation to any proposals, means the persons who made the proposals, but does not include a local education authority.

References to persons by whom proposals are made

4

For the purposes of this Schedule—

• (a) proposals under section 7 are to be taken to be made by the person who submitted them to the relevant authority under subsection (4)(b) of that section, ... and

• (b) proposals under section 10, 11 or 15 are to be taken to be made by the persons who published them.

Objections and comments

5

Regulations may make provision—

• (a) for the making of objections or comments in relation to the proposals within a prescribed period to the relevant authority, and

• (b) requiring the relevant authority, in any case where proposals are to be considered by the Secretary of State or the adjudicator, to forward to the Secretary of State or (as the case may be) the adjudicator objections or comments made in relation to the proposals in accordance with the regulations.

Part 2 — Consideration of proposals ...

Proposals requiring consideration under paragraph 8

6

All proposals under section ... 10 or 11 require consideration under paragraph 8.

7

• (1) Proposals under section 15 require consideration under paragraph 8 unless sub-paragraph (2) applies.

• (2) Proposals under section 15 fall to be dealt with under paragraph 19 (and do not require consideration under paragraph 8) if the proposals were made by the relevant authority and either—

• (a) no objections were made in relation to the relevant proposals in accordance with regulations under paragraph 5, or

• (b) all objections so made were withdrawn in writing within the period prescribed as that within which any objections must be made.

Consideration of proposals

8

• (1) Proposals which require consideration under this paragraph, other than proposals to which paragraph 10 applies, must be considered in the first instance by the relevant authority.

• (2) Sub-paragraphs (3) and (4) apply in relation to the relevant authority unless the authority is required by any of paragraphs 10 to 13 and 15 to refer the proposals to the adjudicator.

• (3) In a case where the proposals were published under section 7 and two or more sets of proposals were published, the authority may—

• (a) reject all the proposals,

• (b) approve any of the proposals without modification, or

• (c) approve any of the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

• (4) In any other case, the authority may—

• (a) reject the proposals,

• (b) approve the proposals without modification, or

• (c) approve the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

• (5) Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

• (6) When deciding whether or not to give any approval under this paragraph, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

Consideration of proposals that are related to other proposals

9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where proposals within sub-paragraph (2A) appear to the relevant authority to be related to other proposals within that sub-paragraph that have not yet been determined, the authority must consider the proposals together.

• (2A) The proposals within this sub-paragraph are—

• (a) proposals under section 7 that require consideration by the authority under paragraph 8;

• (b) proposals under section 10, 11 or 15.

• (3) In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

Duty to refer to adjudicator certain proposals made by or involving relevant authority

10

• (1) The relevant authority must refer to the adjudicator, within a prescribed time—

• (a) all the proposals published under section 7 in response to a notice under that section and which—

• (i) would otherwise require consideration by the authority under paragraph 8, and

• (ii) consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

• (b) any proposals under section 10 or 11 which—

• (i) are made by the relevant authority, or

• (ii) relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).

• (2) A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—

• (a) the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,

• (b) any person appointed by the relevant authority is to be a charity trustee (within the meaning of the Charities Act 2011) of the foundation, or

• (c) any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.

• (3) Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.

Duty to refer proposals to adjudicator in prescribed cases

11

Regulations may make provision requiring the relevant authority in prescribed cases to refer to the adjudicator within a prescribed time proposals requiring consideration under paragraph 8 (or in the case of proposals under section 7 all the proposals requiring consideration under that paragraph), together with any comments made on the proposals (or in the case of proposals under section 7, any of the proposals) by the authority.

Duty to refer proposals to adjudicator in pursuance of direction by Secretary of State

12

• (1) The Secretary of State may at any time give a direction to a local education authority requiring them to refer to the adjudicator by a specified time—

• (a) any proposals which have been published by the authority under section 7 and which require consideration under paragraph 8 but which, at the time when the direction is given, have not been determined by the authority under that paragraph, and

• (b) all subsequent proposals published by the authority under that section and which require consideration under paragraph 8, until the direction is revoked,

together with any comments made on any of the proposals by the authority.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to refer proposals to adjudicator where determination delayed

13

If by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(3) or (4), they must within a prescribed time refer to the adjudicator—

• (a) in the case mentioned in paragraph 8(3), all the proposals published under section 7 and which require consideration under paragraph 8, and

• (b) in the case mentioned in paragraph 8(4), the proposals concerned,

together with any comments made on the proposals by the authority.

Reference to adjudicator at request of aggrieved person after determination under paragraph 8(4)

14

• (1) The relevant authority must if so requested within a prescribed time by any relevant person refer to the adjudicator within a prescribed time any proposals under section 10, 11 or 15 which the relevant authority have determined under paragraph 8(4), together with any reasons given by the authority for their determination.

• (2) The following are relevant persons for the purposes of sub-paragraph (1)—

• (a) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the relevant authority;

• (b) the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the relevant authority;

• (c) in the case of proposals made under section 10 or 11 by a person other than the relevant authority and rejected by the authority under paragraph 8(4)(a), the proposers;

• (d) in the case of proposals published under section 15, the governing body or trustees of any foundation, voluntary or foundation special school which is the subject of the proposals;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to refer related proposals

15

Where the relevant authority are required under any of paragraphs 10 to 14 or under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals (“the relevant proposals”) to the adjudicator, the authority must also within a prescribed time refer to the adjudicator—

• (a) any other proposals under section 7, 10, 11 or 15 which relate to the area of the relevant authority and which by virtue of paragraph 9(2) fall to be considered with the relevant proposals, and

• (b) where the relevant proposals are referred to the adjudicator by virtue of paragraph 14, any other proposals under section 10, 11 or 15 which by virtue of paragraph 9(2) were determined by the relevant authority with the relevant proposals.

Withdrawal of proposals before determination

16

• (1) Nothing in paragraph 8(1) to (4) prevents the proposers by whom any proposals have been made from withdrawing those proposals by notice in writing—

• (a) to the relevant authority, and

• (b) in a case where the proposals have been referred to the adjudicator, also to the adjudicator,

at any time before the proposals are determined under paragraph 8 by the authority or by the adjudicator.

• (2) Nothing in paragraph 8(1) to (4) prevents the relevant authority from withdrawing any proposals made by the authority themselves by notice in writing to the adjudicator at any time before the proposals are determined under paragraph 8 by the adjudicator.

Effect of referring proposals to adjudicator

17

• (1) Where any proposals are referred to the adjudicator under any provision of this Part of this Schedule—

• (a) he must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh,

• (b) the following provisions of paragraph 8 apply to him in connection with his decision on the proposals as they apply to the relevant authority—

• (i) sub-paragraph (3) or (4) (as the case requires), and

• (ii) sub-paragraphs (5) and (6), and

• (c) paragraph 9 applies to him as it applies to the relevant authority.

• (2) The revocation of a direction under paragraph 12(1) does not affect the determination by the adjudicator of any proposals referred to him before the revocation.

Proposals to establish Academy

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination whether to implement proposals not requiring consideration under paragraph 8

19

• (1) Where any proposals have been made under section 15 by the relevant authority and paragraph 7 does not require the proposals to be considered under paragraph 8, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented.

• (2) Any determination under sub-paragraph (1) must be made within a prescribed period.

• (3) The requirement to make a determination under sub-paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

• (4) The requirement to make a determination under sub-paragraph (1) does not apply where the proposals appear to the relevant authority to be related to—

• (a) other proposals published under section 15 and not yet determined,

• (aa) proposals published under section 7 that require consideration under paragraph 8 and are not yet determined,

• (b) proposals published under section ... 10 or 11 and not yet determined, or

• (c) proposals published under Schedule 7 to the Learning and Skills Act 2000 and not yet determined.

• (5) In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

• (6) Where, in the case of any proposals falling within sub-paragraph (1)—

• (a) the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), or

• (b) the requirement to make such a determination does not apply by virtue of sub-paragraph (3) or (4),

the proposals require consideration under paragraph 8 and, in a case falling within paragraph (a), must be referred to the adjudicator.

Provision of information

20

Regulations may require one or more of the following—

• (a) the proposers (if any),

• (b) the relevant authority, and

• (c) the adjudicator,

to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.

Part 3 — Implementation of proposals

Requirement to implement proposals

21

• (1) Where—

• (a) any proposals have been approved under paragraph 8, or

• (b) the relevant authority have determined under paragraph 19 to implement any proposals,

then (subject to the following provisions of this paragraph) the proposals must be implemented, in the form in which they were so approved or determined, in accordance with this Part of this Schedule.

• (2) The relevant authority may, at the request of the proposers who made the proposals referred to in sub-paragraph (1), or, where the proposals were made by the authority themselves, on their own initiative—

• (a) modify the proposals after consulting such persons as may be prescribed, and

• (b) where any approval was given in accordance with paragraph 8(5), specify a later date by which the event in question must occur.

• (3) If, after consulting such persons as may be prescribed, the relevant authority are satisfied—

• (a) that implementation of the proposals would be unreasonably difficult, or

• (b) that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,

the authority may determine that sub-paragraph (1) is to cease to apply to the proposals.

• (4) The relevant authority may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the authority or proposers who made the proposals referred to in sub-paragraph (1); and regulations may provide for any of the provisions of sections 7 to 12, sections 15 and 16 and Parts 1 and 2 of this Schedule to have effect in relation to any such further proposals with or without modifications.

• (5) The relevant authority must in prescribed cases refer to the adjudicator by a prescribed time any matter which would otherwise fall to be determined by the authority under this paragraph.

• (6) If by the end of such period as may be prescribed the relevant authority have failed to take any step required by this paragraph, the authority must refer the matter to the adjudicator by the prescribed time.

• (7) Where any matter is referred to the adjudicator under this paragraph—

• (a) the relevant authority may refer to the adjudicator with the matter their comments on it,

• (b) the adjudicator must consider the matter afresh, and

• (c) such of the provisions of sub-paragraphs (2) to (4) above as are relevant shall apply to him in connection with his decision on that matter as they apply to the authority.

Proposals not falling to be implemented

22

• (1) Where, by virtue of paragraph 21(3), paragraph 21(1) ceases to apply to any proposals, those proposals are to be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.

• (2) Where—

• (a) any approval under paragraph 8 was given in accordance with paragraph 8(5), and

• (b) the event specified under paragraph 8(5) does not occur by the date in question (whether as specified under that provision or as specified under paragraph 21(2)(b)),

paragraph 21(1) ceases to apply to the proposals.

• (3) Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the relevant authority under paragraph 8 and not referred to the adjudicator, those proposals must be considered afresh by the authority under that paragraph.

• (4) Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the adjudicator under paragraph 8, those proposals must be considered afresh by him under that paragraph (and paragraph 17 applies accordingly).

Proposals relating to community schools, community special schools or maintained nursery schools

23

• (1) This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a community school, a community special school or a maintained nursery school or to a proposed such school.

• (2) The proposals must be implemented by the relevant authority.

Proposals relating to foundation or voluntary controlled schools

24

• (1) This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation or voluntary controlled school or a proposed such school.

• (2) Proposals made by the relevant authority must be implemented by the authority.

• (3) Proposals made by proposers (including, in particular, such proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.

Proposals relating to voluntary aided school

25

• (1) This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a voluntary aided school or a proposed voluntary aided school.

• (2) The proposals must be implemented—

• (a) so far as relating to the provision of any relevant premises for a proposed school, by the relevant authority,

• (b) in the case of proposals under section 15 made by proposers, by the proposers and the relevant authority, and

• (c) otherwise by the proposers or, in the case of proposals made by the relevant authority, by the relevant authority.

• (3) In sub-paragraph (2) “relevant premises” means—

• (a) in the case of proposals published under section 7, the site specified in the notice under that section or playing fields, and

• (b) in any other case, playing fields.

• (4) Nothing in sub-paragraph (2) requires the relevant authority to provide any playing fields where—

• (a) a new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and

• (b) those playing fields—

• (i) were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school), and

• (ii) (if it was a foundation or voluntary school) were not provided by the authority.

Proposals relating to foundation special schools

26

• (1) This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation special school or a proposed foundation special school.

• (2) Where the proposals were made by the relevant authority, they must be implemented by the authority.

• (3) Proposals made by proposers (including, in particular, proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.

Proposals relating to Academy

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Provision of premises and other assistance in connection with establishment of new school

Provision of site and buildings for proposed foundation, voluntary controlled or foundation special school

28

• (1) This paragraph applies where a local education authority are required—

• (a) by virtue of paragraph 24(2) or (3) to provide a site for a proposed foundation or voluntary controlled school, or

• (b) by virtue of paragraph 26(2) or (3) to provide a site for a proposed foundation special school.

• (2) The authority must transfer their interest in the site and in any buildings on the site which are to form part of the school's premises—

• (a) to the school's trustees, to be held by them on trust for the purposes of the school, or

• (b) if the school has no trustees, to the school's foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

• (3) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it must be made to such persons as the adjudicator thinks proper.

• (4) The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

• (5) Where—

• (a) a transfer is made under this paragraph, and

• (b) the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons must notify the local education authority that paragraph (b) applies to them; and they or their successors must pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the adjudicator.

• (6) In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—

• (a) consideration for the creation or disposition of any kind of interest in other premises, including rent, and

• (b) interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (5) regard must be had to any guidance given from time to time by the Secretary of State.

• (7) Any sum paid under sub-paragraph (5) is to be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

• (8) A determination may be made under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (c. 15) (right of reverter replaced by trust for sale) if, and only if—

• (a) the determination is made by the adjudicator, and

• (b) he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

• (9) Sub-paragraph (5) is to apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum.

• (10) In this paragraph—

• “the relevant purposes” means—in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, andin relation to a transfer to a school's governing body, the purposes of the school;

• “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Grants in respect of certain expenditure relating to proposed voluntary aided school

29

• (1) This paragraph applies where any proposers are required by virtue of paragraph 25(2) to implement proposals involving the establishment of a new voluntary aided school.

• (2) Paragraph 5 of Schedule 3 to SSFA 1998 applies in relation to the new school as it applies in relation to an existing voluntary aided school.

• (3) In the application of that paragraph in relation to a new voluntary aided school—

• (a) the references to the governing body, in relation to any time before the governing body are constituted, are to be read as references to the proposers;

• (b) where requirements are imposed in relation to grant paid by virtue of this paragraph to the proposers, the requirements must be complied with by the governing body, when they are constituted, as well as by the proposers.

Assistance for proposers of proposed voluntary aided school

30

A local education authority may give to persons required by virtue of paragraph 25(2) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.

Duty to transfer interest in premises provided under paragraph 30

31

• (1) Where assistance under paragraph 30 consists of the provision of any premises for use for the purposes of a school, the local education authority must transfer their interest in the premises—

• (a) to the trustees of the school to be held on trust for the purposes of the school, or

• (b) if the school has no trustees, to the school's foundation body, to be held by that body for the relevant purposes.

• (2) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it must be made to such persons as the adjudicator thinks proper.

• (3) The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

• (4) In this paragraph “the relevant purposes” means, in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts.

SCHEDULE 3

Local Government Act 1972 (c. 70)

1

In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176), omit subsection (1A)(b) (which relates to school organisation committees).

Local Government Act 1974 (c. 7)

2

In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)—

• (a) omit paragraph (a) (which relates to school organisation committees), and

• (b) in paragraph (c), for “that Act” substitute “ the School Standards and Framework Act 1998 ”.

Sex Discrimination Act 1975 (c. 65)

3

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Diocesan Boards of Education Measure 1991 (No. 2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further and Higher Education Act 1992 (c. 13)

6

• (1) Section 58 of the Further and Higher Education Act 1992 (reorganisation of schools involving establishment of further education corporation) is amended as follows.

• (2) In subsection (3), for paragraph (b) substitute—

(b) a prescribed alteration within the meaning of the relevant school organisation provision has been made to the school,

.

• (3) After that subsection insert—

(4) In subsection (3)(b) “the relevant school organisation provision” means— (a) in relation to England, section 18 of the Education and Inspections Act 2006, and (b) in relation to Wales, section 28 of the School Standards and Framework Act 1998.

Education Act 1996 (c. 56)

7

• (1) Section 5 of EA 1996 (primary schools, secondary schools and middle schools) is amended as follows.

• (2) For subsection (3) substitute—

(3) In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who— (a) have attained a specified age below 10 years and six months, and (b) are under a specified age above 12 years. (3A) The enactments mentioned in subsection (3) are— (a) in relation to England— (i) section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998, (ii) section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and (iii) section 7, 10, 11 or 19 of the Education and Inspections Act 2006; (b) in relation to Wales, section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998.

8

In section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for “a city academy” substitute “ an Academy ”.

9

• (1) Section 394 of EA 1996 (determination of cases in which requirement for Christian collective worship is not to apply) is amended as follows.

• (2) In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)” substitute “ (by virtue of the relevant enactments) ”.

• (3) After that subsection insert—

(9) In subsection (8) “the relevant enactments” means— (a) in relation to England, sections 18 to 24 of the Education and Inspections Act 2006; (b) in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.

10

• (1) Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows.

• (2) After subsection (1) insert—

(1A) Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.

• (3) In subsection (2)—

• (a) after “local education authority” insert “ in Wales ”,

• (b) omit “(other than a nursery school or a special school)”, and

• (c) for the words from “the purposes of” to the end substitute “ for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly. ”

• (4) In subsection (3)—

• (a) after “subsection” insert “ (1A) or ”, and

• (b) at the end insert “ , a community special school or a maintained nursery school. ”

11

• (1) Section 530 of EA 1996 (compulsory purchase of land) is amended as follows.

• (2) In subsection (1), for paragraph (c) substitute—

(c) is required for the purposes of an Academy (whether established or to be established).

• (3) In subsection (3), for the words from “borne by them” to the end substitute

borne by them— (a) in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or (b) in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).

12

• (1) In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as follows.

• (2) In sub-paragraph (2)(b), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new schools) as a possible site for a new school ”.

• (3) In sub-paragraph (3)(d), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 ”.

School Standards and Framework Act 1998 (c. 31)

13

• (1) Section 20 of SSFA 1998 (new categories of maintained schools) is amended as follows.

• (2) In subsection (2), for “Schedule 8”, wherever occurring, substitute “ the change of category provisions ”.

• (3) After subsection (2) insert—

(2A) In subsection (2) “the change of category provisions” means— (a) in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and (b) in the case of a school in Wales, Schedule 8 to this Act.

14

In section 21 of SSFA 1998 (kinds of foundation and voluntary schools and types of foundations), in subsection (6)—

• (a) in paragraph (a), after “Schedule 8” insert “ or under section 19 of the Education and Inspections Act 2006 ”,

• (b) in paragraph (f)—

• (i) in sub-paragraph (i), after “Schedule 8” insert “ or under section 19 of the Education and Inspections Act 2006 ”,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) in sub-paragraph (iii), after “voluntary school” insert “ in Wales ”,

• (c) in paragraph (h), after “his consent” insert “ or to the disposal of which paragraph A9 of Schedule 22 would apply ”, and

• (d) in paragraph (i), omit “school organisation committees and”.

15

In section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute—

(2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.

16

In section 25 of SSFA 1998 (adjudicators), in subsection (2), for “or Part 2 of the Education Act 2005” substitute “ or Part 2 of the Education and Inspections Act 2006 ”.

17

Omit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Omit section 28A of SSFA 1998 (proposals for establishment of community, foundation or voluntary school maintained by English local education authority).

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

In section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school) for subsection (9) substitute—

(9) Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school— (a) sections 29 and 33 of this Act (which relate to Wales), and (b) sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).

22

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23

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24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

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26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

• (1) Section 79 of SSFA 1998 (stamp duty) is amended as follows.

• (2) In subsection (1)—

• (a) omit the word “or” at the end of paragraph (b), and

• (b) at the end of paragraph (c) insert

, or (d) any regulations made under section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section.

.

• (3) In subsection (3), for “subsection (1)” substitute “ subsection (1)(a) to (c) ”.

28

In section 82 of SSFA 1998 (modification of trust deeds), in subsection (1), for “or the Education Act 2002” substitute “ , the Education Act 2002 or the Education and Inspections Act 2006 ”.

29

• (1) Section 109 of SSFA 1998 (proposals by governing body of grammar school to end selective admission arrangements) is amended as follows.

• (2) In subsection (2)—

• (a) for “for the purposes of section 28” substitute “ under section 18 of the 2006 Act ”, and

• (b) for “that section” substitute “ section 19 of the 2006 Act ”.

• (3) In subsection (3)—

• (a) in paragraph (a), for “section 28 or Schedule 6” substitute “ sections 19 to 24 of the 2006 Act or regulations under those sections ”, and

• (b) in paragraph (b), for “section 28” substitute “ section 19 of the 2006 Act ”.

• (4) In subsection (4)—

• (a) for “section 28” substitute “ section 19 of the 2006 Act ”, and

• (b) for “paragraph 5 or 10 of Schedule 6” substitute “ regulations under section 24 of that Act ”.

• (5) After subsection (5) insert—

(6) In this section “the 2006 Act” means the Education and Inspections Act 2006.

30

In section 143 of SSFA 1998 (index)—

• (a) in the entry beginning “promoters”—

• (i) after “Part II” insert “ in relation to Wales ”, and

• (ii) omit “or 28A(2)”

• (b) omit the entry beginning “school organisation committee”.

31

• (1) Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) is amended as follows.

• (2) In paragraph 2(2), for paragraph (a) substitute—

(a) apply in relation to the provision of any site or buildings which— (i) in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 24 of that Act (implementation of proposals for alteration of school), or (ii) in the case of a school in Wales, the authority or promoters are required to provide by virtue of Part 3 of Schedule 6 (provision of premises in connection with statutory proposals); or

.

• (3) At the beginning of Part 2 insert—

(2A) In this Part of this Schedule “promoters”, in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.

32

In Schedule 5 to SSFA 1998 (adjudicators), in paragraph 5(1) for “or under Part 2 of the Education Act 2005” substitute “ or under Part 2 of the Education and Inspections Act 2006 ”.

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Learning and Skills Act 2000 (c. 21)

35